The European Commission is investigating if Meta’s new policy on AI providers’ access to WhatsApp breaches EU competition rules.
Meta’s new policy was announced in October 2025. It prohibits AI providers from using a tool allowing businesses to communicate with customers via WhatsApp, the ‘WhatsApp Business Solution’, when AI is the primary service offered. Businesses may still use AI tools for ancillary or support functions, such as automated customer support offered via WhatsApp. The Commission is concerned that the new policy may prevent third party AI providers from offering their services through WhatsApp in the EEA.
Readers will be aware that WhatsApp enables users to exchange text messages, voice notes, photos, videos, documents and make voice and video calls. It also allows businesses to communicate with their customers. Several AI providers offer access to their AI assistants through WhatsApp, enabling users to interact with conversational AI directly within the app for tasks such as answering questions, generating content or accessing customer support.
The Commission understands that Meta is implementing the new policy through an update to WhatsApp terms and conditions for business users, its ‘WhatsApp Business Application Programming Interface terms’. For AI providers already on WhatsApp, the update will apply as of 15 January 2026. For AI providers new to WhatsApp, the update has applied since 15 October 2025.
As a result of the new policy, competing AI providers may be blocked from reaching their customers through WhatsApp. However, Meta’s own AI service ‘Meta AI’ would remain accessible to users on the platform.
The formal investigation will cover the EEA except for Italy. This is to avoid an overlap with the Italian Competition Authority’s ongoing proceedings for the possible imposition of interim measures concerning Meta’s conduct.
If proven, the practices under investigation may breach EU competition rules that prohibit the abuse of a dominant position in Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Article 54 of the European Economic Area Agreement.
The investigation is part of the Commission’s ongoing monitoring of AI markets in the EEA.
The Commission will now carry out its in-depth investigation as a matter of priority. Its press release emphasises that the opening of a formal investigation does not prejudge its outcome.
